Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7608 of 2020 Arising Out of PS. Case No.-136 Year-2019 Thana- CHHABILAPUR District- Nalanda ====================================================== 1.

MANJU DEVI W/O Krishna Prasad Resident of Village - Katari, P.S. - Chhabilapur, District - Nalanda.

2.

Sako Devi W/O Late Shivnandan Prasad Resident of Village - Katari, P.S. - Chhabilapur, District - Nalanda.

3.

Meena Kumari D/O Krishna Prasad Resident of Village - Katari, P.S. - Chhabilapur, District - Nalanda.

... ... Petitioners

Versus

The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate Mr. Ganesh Sharma, Advocate For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-07-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned Counsel for the petitioners and the learned Counsel for the State.

Petitioner apprehends arrest in Chhabilapur PS Case No. 136 of 2019 registered under Sections 304(B) and 201/34 of the IPC. The prosecution case is that the daughter of the informant was married with Ravi Ranjan Kumar. It is alleged that she has been done to death on 20.11.2019. The allegation is that she has been killed for non fulfilment of demand for dowry by the in-laws. Learned Counsel for the petitioners submits that petitioner

Patna High Court CR. MISC. No.7608 of 2020(2) dt.08-07-2020 2/2 No. 1 is mother-in-law, petitioner No. 2 is grand mother-in-law and petitioner No. 3 is unmarried Nanad of the victim. Generally petitioners have been named in the last portion of the FIR though there is no specific allegation against them. It is submitted that husband of the victim is also in judicial custody. Petitioners never had any concern with the affairs of the victim and her husband. Learned APP for the State has opposed the prayer for anticipatory bail.

Having considered the rival submissions this Court is inclined to grant the privilege of anticipatory bail to the petitioners. Accordingly, let the petitioners above named, in the event of arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM V Nalanda at Biharsharif in Chhabilapur. PS Case No. 136 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T